The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s decision to remove a council tax discount. This is because Mrs X has appealed to the Valuation Tribunal.
The complaint
Mrs X complains the Council was wrong to remove a single person discount from her council tax and it failed to take account of her disability in its communications with her.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)).
How I considered this complaint
I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
The Council removed Mrs X’s single person discount because it considered her husband was jointly liable. Mrs X complained the Council was wrong to remove the discount because her husband lived elsewhere.
The Council replied explaining why it made its decision, and it gave her details of the right of appeal to the Valuation Tribunal.
Mrs X complained further the Council’s decision was wrong. She said the Council had not taken account of her disability and its communication was poor.
The Council replied it had given her information about her appeal rights. It said she had not advised it of her communication requirements, but it could give her extra time. It could not change the standard format of certain documents which it must issue in line with legislation. However, it asked what support she needed, and it would consider this.
Mrs X has now appealed to the Valuation Tribunal and so, as set out in paragraph 2, we cannot investigate her complaint about the council tax discount as it will be considered by the Tribunal.
I do not consider there is sufficient evidence of fault regarding the Council’s communications with Mrs X or how it considered reasonable adjustments to warrant an investigation by the Ombudsman.
Final decision
We will not investigate Mrs X’s complaint because she has appealed to the Valuation Tribunal, and there is insufficient evidence of fault in the other matters to justify investigation.
Investigator's decision on behalf of the Ombudsman